UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 95-2778

D. JOHNSON WILLIS,

Plaintiff - Appellant,

versus

TOWN OF TRENTON, NORTH CAROLINA; JOFFREE T.

LEGGETT; Individually and as Town Mayor;

CHARLES C. JONES, Individually and as member

of Town Council; EDWARD EUBANKS, Individually

and as Member of Town Council; WILLARD O.

LEWIS, Individually and as member of Town

Council; ANN BROCK, Individually and as former

member of Town Council; EDWARD PARKER, Individually and as former member of Town Council;

CLIFTON MILLS, SR., Individually and as former

member of Town Council; BOB D. HENDERSON,

Individually and as former member of Town

Council; JAMES R. FRANCK, Individually and as

former Town Mayor; SHERI M. DAVENPORT, Individually and as former Town Counsel; JAMES R.

HOOD, Individually and as Town Counsel; GEORGE

W. DAVENPORT, Individually and as former Town

Mayor; C. GLENN SPIVEY, Individually and as

Town Clerk; their successors and agents,

Defendants - Appellees.

No. 95-2820

D. JOHNSON WILLIS,

Plaintiff - Appellant,
2

versus

TOWN OF TRENTON, NORTH CAROLINA; JOFFREE T.

LEGGETT; Individually and as Town Mayor;

CHARLES C. JONES, Individually and as member

of Town Council; EDWARD EUBANKS, Individually

and as Member of Town Council; WILLARD O.

LEWIS, Individually and as member of Town

Council; ANN BROCK, Individually and as former

member of Town Council; EDWARD PARKER, Individually and as former member of Town Council;

CLIFTON MILLS, SR., Individually and as former

member of Town Council; BOB D. HENDERSON,

Individually and as former member of Town

Council; JAMES R. FRANCK, Individually and as

former Town Mayor; SHERI M. DAVENPORT, Individually and as former Town Counsel; JAMES R.

HOOD, Individually and as Town Counsel; GEORGE

W. DAVENPORT, Individually and as former Town

Mayor; C. GLENN SPIVEY, Individually and as

Town Clerk; their successors and agents,

Defendants - Appellees.

Appeals from the United States District Court for the Eastern

District of North Carolina, at Greenville. James C. Fox, Chief

District Judge. (CA-94-162-4-F)

Submitted: January 11, 1996 Decided: January 23, 1996

Before RUSSELL, HALL, and WILKINSON, Circuit Judges.

No. 95-2778 dismissed and No. 95-2820 affirmed by unpublished per

curiam opinion.

D. Johnson Willis, Appellant Pro Se. Kenneth Ray Wooten, Cheryl A.

Marteney, WARD & SMITH, P.A., New Bern, North Carolina; Dal Floyd

Wooten, III, Kinston, North Carolina, for Appellees.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).
3

PER CURIAM:

Appellant noted the appeal in No. 95-2778 outside the thirtyday appeal period established by Fed. R. App. P. 4(a)(1), failed to

obtain an extension of the appeal period within the additional

thirty-day period provided by Fed. R. App. P. 4(a)(5), and is not

entitled to relief under Fed. R. App. P. 4(a)(6). The time periods

established by Fed. R. App. P. 4 are "mandatory and jurisdictional." Browder v. Director, Dep't of Corrections, 434 U.S. 257, 264

(1978) (quoting United States v. Robinson, 361 U.S. 220, 229

(1960)). The district court entered its order on April 14, 1995.

Appellant's notice of appeal was filed on September 15, 1995. We

dismiss the appeal as untimely.

In No. 95-2820, Appellant appeals the district court's denial

of his motion for extension of time to appeal. Because the district

court did not abuse its discretion in determining that the motion

was not timely filed under Fed. R. App. P. 4(a)(6), we affirm the

district court's denial.

We deny the Appellant's motions for oral argument because the

facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional

process.

No. 95-2778 - DISMISSED

No. 95-2820 - AFFIRMED